ILLINOIS POLLUTION CONTROL BOARD
    August 10, 2000
    PHILIP S. DALLOSTO,
    Complainant,
    v.
    VILLAGE OF HAMPSHIRE,
    Respondent.
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    PCB 01-6
    (Enforcement - Citizens, Air)
    ORDER OF THE BOARD (by C.A. Manning):
    On July 12, 2000, Philip S. Dallosto (complainant) filed a complaint against the Village of Hampshire
    (respondent). The complaint alleges that respondent constructed a lift station as part of a sewer line extension that
    emits noxious odors in violation of Section 9 of the Environmental Protection Act (Act) (415 ILCS 5/9 (1998)). As
    evidenced by the certificate of service filed on July 12, 2000, respondent was served with the complaint and notice of
    filing on that date. No responsive pleadings have been filed.
    Section 31(d) of the Act provides that “[u]nless the Board determines that such complaint is duplicitous or
    frivolous, it shall schedule a hearing and service written notice thereof upon the person or persons named therein . . .
    .” 415 ILCS 5/31(d) (1998).
    Section 103.124(a) of the Board’s procedural rules implements Section 31(d) of the Act. It provides:
    The Clerk shall assign a docket number to each complaint filed *** the Chairman
    shall place the matter on the agenda for Board determination whether the
    complaint is duplicitous or frivolous. If the Board rules that the complaint is
    duplicitous or frivolous, it shall enter an order setting forth its reasons for so
    ruling and shall notify the parties of the decision. If the Board rules that the
    complaint is not duplicitous or frivolous, this does not preclude the filing of
    motions regarding the insufficiency of the pleadings. 35 Ill. Adm. Code
    103.124(a).
    Duplicitous
    A complaint brought before the Board is duplicitous if the matter is identical or substantially similar to one
    brought in this or any other forum. Walsh v. Kolpas (September 23, 1999), PCB 00-35; Brandle v. Ropp (June 13,
    1985), PCB 85-68.
    The Board has not identified any other cases, identical or substantially similar to this, pending in this or any
    other forum. Therefore, based on the record before us, this matter is not duplicitous.
    Frivolous
    A complaint before the Board is frivolous if it requests relief that the Board does not have the authority to
    grant or fails to state a cause of action upon which the Board can grant relief. People v. State Oil (August 19, 1999),
    PCB 97-103, slip op. at 3; Lake County Forest Preserve Dist. v. Ostro (July 30, 1992), PCB 92-80. The Board is
    authorized to order respondent to cease and desist from emitting noxious odors in violation of Section 9 of the Act
    (415 ILCS 5/9 (1998)). Loschen v. Grist Mill Confections (June 5, 1997), PCB 97-174; Gott v. M’Orr Pork (October 19,
    1995), PCB 96-68. Therefore, the Board finds that the complaint is not frivolous.
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    Conclusion
    The Board finds that, pursuant to Section 103.124(a), the complaint is neither duplicitous nor frivolous and
    is accepted for hearing.
    The hearing must be scheduled and completed in a timely manner consistent with Board practices. The
    Board will assign a hearing officer to conduct hearings consistent with this order and Section 103.125 of the Board’s
    rules. 35 Ill. Adm. Code 103.125.
    The assigned hearing officer shall inform the Clerk of the Board of the time and location of the hearing at
    least 30 days in advance of hearing so that a 21-day public notice of hearing may be published. After hearing, the
    hearing officer shall submit an exhibit list, a statement regarding credibility of witnesses, and all actual exhibits for
    the Board within five days of hearing.
    Any briefing schedule shall provide for final filings as expeditiously as possible. If, after appropriate
    consultation with the parties, the parties fail to provide or agree to an acceptable hearing date, the hearing officer
    shall unilaterally set a hearing date. The hearing officer and the parties are encouraged to expedite this proceeding
    as much as possible.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
    adopted on the 10th day of August by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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